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South Carolina WCC to increase in fines, penalties
2009-04-09
The Workers' Compensation Commission approved, at its Jan. 26 business meeting, increasing fines and fees assessed under the Workers' Compensation Act.


Commission amends hearing requests rules in Virginia
2009-04-09
On March 12, the Workers' Compensation Commission adopted an amended Rule 4.2.


Oregon OSHA seeks changes to OARs
2009-04-09
State safety administration considers repealing five administrative rules and adopting three.


ERISA insurer entitled to offset settlement on 2nd medical condition
2009-04-06
An insurer may be entitled to an offset from a workers' compensation lump-sum payment when the claimant is already receiving disability benefits from the insurer, even if the medical conditions are unrelated.


Failure to pursue job after postinjury training dooms benefits
2009-04-06
A permanently partially disabled claimant who receives postinjury training but limits her search for employment without showing her inability to get a job is related to her disability fails to maintain an attachment to the labor market.


Statutory employer status blocks personal injury suit
2009-04-02
If an employee passes under the borrowing employer's right of control with regard to the work to be performed, he becomes the employee of the borrowing employer instead of the lending employer.


Plumbers' argument for alternative AWW calculation fails to pass muster
2009-04-02
In New Hampshire, the calculation of a worker's average weekly wage is determined by dividing pre-tax "gross earnings" over a period of 26 to 52 weeks by that number of weeks.


Hourly rate for fees should be based on market rate
2009-04-02
In Longshore and Harbor Workers' Compensation Act cases, hourly rates for attorney's fees should be reasonably based on prevailing market rates rather than on the complexity of the issues.


Lack of medical testimony stalls employee's request for transportation
2009-03-30
A doctor's testimony must indicate that transportation is medically necessary to support an authorization for transportation to and from the claimant's physicians for treatment.


Employee can't prove driving accident falls into dual purpose exception
2009-03-30
Under Texas law, if an employee is injured in a car accident while on a personal errand, and her trip would have taken place even if no business was being done for her employer, her injury will not be covered by the dual purpose rule.


Comp immunity derails contractor's contribution claim against employer
2009-03-30
A waiver of immunity under the Workers' Compensation Act by an employer does not restore normal Uniform Contribution Among Tortfeasors Act actions to other subcontractors who were not parties to the waiver.


Autopsy helps N.Y. employer overcome presumption in death case
2009-03-26
Under New York law, an employer may overcome the presumption of compensability by providing substantial evidence that an unwitnessed or unexplained death did not occur during the course of employment.


Manufacturer's refusal to produce workers' records leads to sanctions
2009-03-26
A willful failure to produce documents regarding the number of workers' compensation claims made against a company may be seen as bad faith by a court, and the court may impose sanctions.


Varied work duties fail to short circuit electrician's repetitive trauma claim
2009-03-26
In Illinois, the claimant's varied work duties will not bar a claim for repetitive trauma where evidence indicates that the work required frequent and repetitive hand usage.


Claimant scores benefits despite action on tennis courts
2009-03-26
Where the doctor is aware of the claimant's activities and continues to keep the claimant at a sedentary level, a temporary total disability award is warranted.


Unequal apportionment of benefits between 2 families upheld
2009-03-23
In Iowa, death benefits do not have to be divided equally among the surviving spouses and dependents to be considered an equitable distribution.

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